Legal Opinion

In re McCauley

New York Supreme Court

Decided December 15, 1913PublishedCited by 1 opinion

Application for leave to sell real estate of infants. Report of referee confirmed.

1Opinion of the CourtBenedict, J.

I agree with the conclusion of the referee in this proceeding. The facts are these: James McCauley, the testator, died seised of the real property affected by this proceeding for the sale of infants’ real estate upon the 6th day of June, 1906, leaving him surviving his widow, Anne McCauley, and his sons, James Joseph Mc-Cauley and John Francis McCauley. At the time of his death, and doubtless also on the 26th day of May, 1905, which was the date of his will, each of these two sons was married and each of them had two children.

As to the share of the testator’s real property which passed to his…

2Cases cited4 opinions

  1. Appeal of KernsSupreme Court of Pennsylvania · 1888
  2. In re the Estate of RayNew York Surrogate's Court · 1895
  3. Burk v. GleasonSupreme Court of Pennsylvania · 1863
  4. Shumate v. McGaritySupreme Court of Pennsylvania · 1877

3Cited by1 opinion

  1. McCarthy v. HanselOhio Court of Appeals · 1915

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